Tag: Attorney’s Fees

• Insurance & Casualty Litigation

  Adjusting Uninsured/Underinsured Motorists Claims – Burden / Duties / Penalties

  • January 23, 2017
  • By Brent Carriere

  UM Plaintiff’s Burden of Proof When making a UM claim, the claimant has the initial burden of proof. To satisfy this burden, he must produce “sufficient facts” to the UM insurer that:   The adverse driver in the accident was uninsured or underinsured; The un/underinsured driver was at fault; Such fault gave rise to damages; […]

• Business Litigation

  Right To Recover Court Costs Under Fair Debt Collections Practices Act

  • March 13, 2013
  • By Allen & Gooch

  The Supreme Court in Marx v. General Revenue Corp., 133 S.Ct. 1166 (2013), addressed the ability of district courts to award costs to a prevailing party when the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. § 1692k, governed the underlying claim. The Petitioner, Marx, defaulted on a student loan. In response to the collection efforts of General […]

• Insurance & Casualty Litigation

  SSA Broadly Construed When Deciding Whether To Award Attorney’s Fees

  • March 4, 2013
  • By Allen & Gooch
  

  The U.S. Fifth Circuit Court of Appeals recently addressed the award of attorneys’ fees under Section 406(b) of the Social Security Act. In Jackson v. Astrue, 705 F.3d 527 (5th Cir. 2013), the plaintiff appealed the Social Security Administration’s (“SSA’s”) denial of his claim for disability-insurance benefits and supplemental-security-income benefits. A district judge in the Northern […]